The Department of Labor remains committed to addressing the issue of misclassification.. In July 2022, the National Labor Relations Board (NLRB) is planning to release an NPRM to potentially amend the standard determining when two employers may be considered joint employers under the National Labor Relations Act. Specifically, the proposed rule would do the following: The department is responsible for ensuring that employers do not misclassify FLSA-covered workers as independent contractors and deprive them of their legal wage and hour protections. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Please log in as a SHRM member before saving bookmarks. Shortly thereafter, President Donald Trump took office and DOL abandoned its defense of the rule. ol{list-style-type: decimal;} .manual-search ul.usa-list li {max-width:100%;} Updated October 25, 2022: The DOL has extended the comment period for this proposed rule until December 13, 2022. According to FTC Chair Lina M. Khan, Noncompetes block workers from freely switching jobs, depriving them of higher wages and better working conditions, and depriving businesses of a talent pool that they need to build and expand. The FTC cited research showing that noncompete agreements restrict the mobility of impacted workers thus harming competition in the labor markets. In publishing the proposed new rule . Consistent with the presidential memorandum, the DHS published a notice of proposed rulemaking on Sept. 28, 2021, to consider all issues regarding DACA, including those identified by the district court relating to the policy's substantive legality. Need help with a specific HR issue like coronavirus or FLSA? In particular, the House Education and Labor Committee (expected to be renamed the "House Education and Workforce Committee" by the new Republican majority) is expected to pursue aggressive oversight of the DOL and the NLRB. The DOL review and anticipated announcement represent a quick turnaround, given the previous update to overtime rules implemented in 2019 delivered the first substantive changes enacted since 2004. Protecting vulnerable workers and persons from underserved communities from employment discrimination. OSHA aims to complete a final rule by September. Comments on the proposed rule are due by March 10, 2023. A vast majority of organizations across numerous industries face potential compliance and monetary impacts if the legislation passes. ACTION: Notice of proposed rulemaking; request for comments. It is possible that DHS will use that feedback to develop and implement this NPRM. Copyright 2023 HRCI. Salaried exempt employees have to earn at least the state thresholds because they are higher than the federal . Section 13(a)(1) of the FLSA, codified at 29 U.S.C. CUPA-HR has engaged with DHS on the Form I-9 flexibilities through the pandemic. The agenda says they will have proposed rule revisions and . [CDATA[/* >